St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22


shall be the duty of the commissio TO forthwith
certify the fact of such neglect or cfusal and
forward copy of its report and such certificate
to the attorney General of the State for redress
and punishme/ Is as hereinafter provided
SEC. Is. (a) That it shall be the duty OF the
attorney general to whom said commission may
forward its report and certificate, as provided
in the next preceding section OF this act, when
it shall appear from such report that any injury
or damage has been sustained from any party
parties by reason of such violation OF law by
such common carrier 10 forthwith cause suit to
be brought i'll the district court in the Judicial
district wherein such violation occurred, on be-
half and in the name of the person or persons
injured. against snch common carrier, for the re-
covery of damages for such injury as may nave
been sustained by the injured party; and the
costs and expenses of such prosecution shall be
paid out of the appropriation hereinafter pro-
vided for for the uses and purposes OF this act
CD And the said court shall have power to
hear and determine the matter on such short
notice to the common carrier complained or as
the court shall deem reaso liable; and such no.
tice shall be served on such common carrier. his
it's officers, agents servants, i'll such man
Ter the court shall direct; and said court
shall proceed to hear and determine the matter
speedily. and without the formal pleadings and
proceedings applicable TO ordinary suits in ed
uiry: but in such manner as To do Justice In the
premises, and to this end such court shall have
power if it thinks fit to direct and prosecute IN
such mode and by such persons as 1t NAV ap-
point, all such inquiries as Lhe court may think
needful to enable it to form a just judgment IN
the matter of such petition. And on such hear
facie evidence of the matters therein stated.
() And if it be made to appear to such court
on such hearing or on report OF any Sucl person
OF persons, that the lawful order or requirement.
of such commission. drawn in the question has
been violated or disobeyed, it shall be lawful for
such court to issue a writ of injunction or other
proper process, mandatory or otherwise, TO re-
strain such common carrier from further con-
tinuing such violation or such d1sobedlence OF
such order or requirement. of said commission,
and enjoining obedience tothe same, and in case
Of 6iSnh n 1
tion other proper process, mandatory or other
wise, it shall be lawful for such court to issue
writs OF attachment or any other process OF SAID
court incident or applicable to Wrlts or
injunction or other proper process, man
datory or otherwise. against such common car
rier, and if corporation against one or more OF
the directors, officers agents OF the same, or
against any owner, lessee, trustee, receiver or
other person failing to obey such writ OF inJunc-
ton OF other proper process mandatory or other
wise; and said court may, If it shall think lit,
make an order directing such common carrier or
other person so diSobeylng such writ OF inJunc-
tIon or other proper process mandatory or other
wise, to pay such sum OF money not exceeding
for each carrier or person in default, the sum or
$500 for every day after a day to be named in
the order, that such carrier or other person shall
fail to obey such injunction or O5her proper pro-
cess, mandatory or otherwise: and SUCH moneys
shall be payable the court shall direct, either
to the party complaining, or into court to ABIDE
the ultimate decision of the court; and payment
thereof may without prejudice to any other
mode of recovering the same, be enforced by at
tachment or order in the nature OF writ OF ex-
ecutiOn in like manner as II the same had been
recovered by final decree in personam IN such
court.
Either party to such proceeding before said
court may appeal to the supreme court or the
state, under the same regulations now provided
by law in respect to security for such appeal:
but such appeal shall not operate 30 stay or
supcrsede the order of the court or the eXecu
ton Of any writ Oh process thereon, unless the
court hearing or deciding such case should oJh
erwise direct. and such court may, III every such
matter order the payment of such costs and
counsel fees as shall be deemed reasonable.
I'D In case the attorney general shall not
within period of ten QO) days after the max
ing of any order by the commission, commence
judicial proceedings for the enforcement thereof
anv railroad company, or other common car
rier affected by such order, may at any time within
the period OF thirty 800 days alter the service
upon him or it of such order, and before COM
meIicemen6 OF proceedings, appeal therefrom to
the district court OF any Judicial district.
through or into which his or its route
may run, by the service of a written notice
of such appeal upon some member or the secre-
tary of such commission. And upon the taking
OF such appeal. and the filing of the notice
thereof With the proof OF service in the office OF
the clerk of such courg, there shall be deemed to
be pending in such court I civil action of the
character and fOr the purposes mentioned i'll Sec
lions II and 10 of this act. Upon such appeal,
End upon the hearing OF any application tor the
enforcement OF any such order made by the
commission, OF by the Attorney General, the
court shall have jurisdiction TO examine the
whole matter in Controversy, including matters
of fact as well as questions OF law and to affirm
modify or resc1nd snch order in whole or in part,
as justice may require and in case Of any order
being modified as aforesaid, such modified order
shah for adj the purposes contemplated by this
actssstApd in place OF the original order so modi-
fied.s%stsf
No appeal as aforesaid shall stay or supersede
the order appealed from in so far as such order
shall relate to rates OF transportation or TO modes
OF transsctlng the business OF the appellant with
the public, unless the court hearing deciding
such case shall so direct.
SEC. 16. la) That whenever facts, in any man
ner ascertained by said commission. SHALL
it shall be the duty of said commits
sion TO Immediately cause suit to be insti-
tuted and prosecuted against any common car
rier who may violate any of the provisions of
this act, or of any law OF this state. All such
prosecutions shall be in the name of the State of
Minnesota, except as is otherwise provided in
this act, or in any law OF this state, and NAV be
instituted in any county in the state through or
into which the line of any common carrier so
sued may extend, and all penalties recovered
under the provisions of this act, or of any law
Of this state, in any suit instituted in the name
of the state, shall be Immediately paid into the
state treasury by the sheriff or other officer or
person collecting the same; and the same shall
be by the state treasurer placed to the credit OF
the general revenue fund
(b) For the purposes Of this act, except its
penal provisions, the district courts of this state
shall be deemed to be always in session.
SEC. II. (a) That the commission is hereby
directed to require annual reports from all COM
mon carriers subject to the provisions of this
acs, TO fix the time and prescribe the manner in
which such reports shall be made, and to re-
Quire from such carrier specific answers TO all
questions upon which the commissioners may
need information. Such annual reports shall
show In detail the amount OF capital stock
issued, the amounts paid therefor, and the man
ner OF payment for the same, the dividends paid,
the surplus fund, if any, and the number of
stockholders, the funded and floating debts and
the interest paid thereon; the cost and value OF
the carriers property, franchise and equipment,
the number of employees and the salary paid
each class. the amounts expended for improve
ments each wear, how expended, and the char
acter of such improvements; the earnings and
receipts Of each branch OF business, and from all
sources, the operating, and other expenses: the
balance of profit and loss and q complete eX-
hibit of the financial operations Of the carrier
each year, including an annual balance sheet;
also the total number of acres of land receive d
as grants either from the United States or from
the State of Minnesota, the number [ofl acres
of said grants sold, and average price received
per acre, the number of acres OF grants unSold
and the appraised value per acre. Such de-
tailed reports shall also contain such informa-
tion in relation to rates and regulations con-
corning fares or freigEtS and agreements, az
engagements or contracts with express COM
panies, telegraph companies, sleeping and din
ing car companies, fast freight lines, and other
common carriers, as the commission may re-
quire, with copies of such contracts. agree
mentS or arrangements.
(b) And the said commission may, within its
discretion, for the purpose OF enabling it the bet
ter to carry out the purposes Of this act prescribe
tif in the opinion of the commission it is prac-
ticable to prescribe such uniformity and
methods of keeping accountsl period of time
within which all common carriers, subject to the
provisions of this act, shall have, as near may
be- uniform system of accounts, and the man
ner in which such accounts shall be kept.
SEC. lS. (a) That such commissioners shall,
on or before the first day of December Of each
year, and oftener if required by the governor to
do so, make report to the governor of their do
ings for the preceding year, containing such
facts, statements and explanations as will dis
close the actual workings of the system of rail-
road transportation in its bearings upon the
business and Prosperity of the people of this